TITLE 7: - PUBLIC WAYS AND PROPERTY

Part of the Code of Ordinances of Honeyville, UT.

Local law · Updated June 3, 2026 · 710 sections

The text

CHAPTER 1: - STREETS, SIDEWALKS AND PUBLIC WAYS#

7-1-1: - Department of streets#

Creation: There is hereby created a department of streets, which shall have general supervision of streets, sidewalks, bridges and other public ways.

Superintendent: The department shall be under the direction and control of the superintendent of streets.

Powers and Duties: The department shall:

Have charge of the construction, maintenance and repair of streets, sidewalks, bridges, curbs, gutters, culverts, drains, waterways and other public ways. It shall have control of all waters flowing on the streets, sidewalks and public ways, whether originating from storm, flood, drainage or irrigation waters.

Keep a record of and promptly investigate all complaints of defective streets, culverts, drains, ditches, sidewalks and other public ways and, when proper, repair, replace or take such action as deemed best, and shall record the action taken on each complaint.

Enforce the provisions of this chapter and all other ordinances relating to the maintenance and use of streets, culverts, drains, ditches, waterways, curbs, gutters, sidewalks and other public ways.

Repair, or cause to be repaired, all defects coming to the department's attention and take reasonable precautions to protect the public from injuries due to such defects pending their repair.

(Adopted by Ord. 1976 Code §§ 11-311, 11-312 on 1/1/1976)

7-1-2: - Removal of snow#

Failure to Remove Unlawful: It shall be unlawful for the owner, occupant, lessor or agent of any property, abutting on a paved sidewalk, to fail to remove or have removed from such paved sidewalk, all hail, snow or sleet thereon within a reasonable time after such snow, hail or sleet has fallen. In the case of a storm between the hours of five o'clock (5:00) P.M. and six o'clock (6:00) A.M., such sidewalks shall be cleaned before nine o'clock (9:00) A.M. of the same day.

Depositing in Gutter Unlawful: It shall be unlawful for any person removing snow from the sidewalk, to deposit snow, dirt, leaves or any other material in the gutter so as to clog or prevent the free flow of water therein.

(Adopted by Ord. 1976 Code § 11-361 on 1/1/1976)

7-1-3: - Obstructions in streets#

It shall be unlawful for any person owning, occupying or having control of any premises to place or permit to be placed upon or in the sidewalk, parking area, gutter or on the half of the street next to such premises: A.

Refuse: Any broken ware, glass, filth, rubbish, sweepings, refuse matter, ice, snow, water, garbage, ashes, tin cans or other like substances.

Building Materials: Any wagons, lumber, wood boxes, fencing, building material, dead trees, tree stumps, merchandise or other thing which shall obstruct such public street, gutter, parking area or sidewalk, or any part thereof, or the passage over and upon the same, or any part thereof, except as expressly authorized by ordinance, without the permission of the city council first had and obtained.

Permanent or Temporary Structures: Any permanent or temporary structure, mechanism, device, vehicle or other thing of any kind or character, except trees planted pursuant to the provisions of applicable ordinances.

(Adopted by Ord. 1976 Code § 11-362 on 1/1/1976)

7-1-4: - Openings in streets; doors obstructing#

Cellars: It shall be unlawful for the owner or occupant of any building having a cellar which opens upon any street or sidewalk to fail to keep the door or other covering in good repair and safe for the passage of the customary traffic on the street or sidewalk. If the owner or occupant of any such building shall neglect or refuse to repair properly any such door or covering within twenty-four (24) hours after notice from the superintendent of streets to do so, the superintendent shall forthwith cause such repairs to be made at the expense of the owner or occupant.

Coal Holes: It shall be unlawful to construct or maintain coal holes or other openings in streets or sidewalks, except with the special permission of the city council, and under the direction and supervision of the superintendent of streets.

Doors: It shall be unlawful for any person owning or having the control or management of any alley, road or passageway to construct or hang gates or doors to such alley, road or passageway so that the gates or doors thereto, when open, shall project outwardly more than two feet (2') over or upon the sidewalk beyond the property line.

(Adopted by Ord. 1976 Code §§ 11-363, 11-364 on 1/1/1976)

7-1-5: - Discharge of water#

It shall be unlawful for any person owning, occupying or having control of any premises to fail, refuse or neglect to prevent water from the roof or eaves of any house, building or other structure, or from any other source under the control of such person, to be discharged upon the surface of any sidewalk.

(Adopted by Ord. 1976 Code § 11-365 on 1/1/1976)

7-1-6: - Sidewalk regulations#

Driving or Parking: It shall be unlawful for any person to drive or park a self-propelled vehicle or lead, drive or ride any animal upon any sidewalk, except across a sidewalk at established crossings. This section pertains to riding a horse on city sidewalks except across a sidewalk at established crossings. This section does not pertain to snow removal of sidewalks with a motorized vehicle by private citizens or the City. This section does not pertain to electric powered kids' riding toys including electric scooters and hoverboard. Violation of this section is an infraction and subject to penalty as follows: first violation shall be $25 fine; second violation shall be $50 fine; third violation shall be $75.00 fine; fourth violation shall be $100 fine; and further violations shall be fined in $25 increments thereafter.

Businesses to Keep Clean: It shall be unlawful for any owners or occupants of any place of business to refuse, neglect or fail to cause the sidewalk abutting thereon to be swept or cleaned each morning before the hour of nine o'clock (9:00) A.M.

Placing Goods for Sale or Show: No goods, wares or merchandise shall be placed, maintained or permitted for sale or show in or on any parking area, street or sidewalk beyond two feet (2') from the front line of the lot, without first obtaining the written approval of the city council. Such approval shall be granted only when such sale or show shall be a promotional activity not exceeding forty-eight (48) hours and when participated in by a majority of firms seeking approval in their business areas. The city council's written approval shall specifically provide that no goods, wares or merchandise shall be placed in such a manner as to leave less than a six-foot (6') passageway for pedestrians.

Placing Goods for Receipt or Delivery: It shall be unlawful for any person to place, or suffer to be placed or kept upon any sidewalk, any goods, wares or merchandise which he may be receiving or delivering, without leaving a six foot (6') passageway upon such sidewalk. It shall be unlawful for any person receiving or delivering such goods, wares or merchandise to suffer the same to be or remain on such sidewalk for a longer period than four (4) hours.

Playing: Every person who obstructs the sidewalk or street by playing any game or engaging in any activity which obstructs the free travel thereon is guilty of an infraction and subject to penalty as provided in section 1-4-1 of this code.

Congregating: It is an infraction and subject to penalty as provided in section 1-4-1 of this code for any person to congregate about or upon any sidewalks, stairway, doorway, window or in front of any business or dwelling house, theater, lecture room, church or elsewhere and by so doing to obstruct or interfere with the free passage of persons entering, leaving or occupying such building or premises.

(Adopted by Ord. 1976 Code §§ 11-366, 11-367, 11-368, 11-369, 11-370, 11-371 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001; Amended by Ord. 2017-02 on 6/14/2017)

7-1-7: - Animals on streets#

Permit Required: Every person who drives any herd of sheep or band of horses, cattle or other animals upon any public street or highway without first obtaining a permit from the city's law enforcement agency so to do is guilty of an infraction and subject to penalty as provided in section 1-4-1 of this code.

Permission Required: No person shall drive livestock through the city upon streets not designated for that purpose, except upon permission and according to the direction of the city's law enforcement agency.

(Adopted by Ord. 1976 Code § 11-331 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 2: - STREET AND SIDEWALK CONSTRUCTION#

7-2-1: - Permit required; inspection#

Required: No person, either as owner, agent, servant, contractor or employee, shall construct any permanent sidewalk for public use without first obtaining from the city. The permit shall specify that the sidewalk be constructed of cement, the character and quality of the cement, the consistent parts of the mixture, and the thickness of the sidewalk.

Unlawful Violation of Specifications: It shall be unlawful to construct a sidewalk in violation of the specifications given by a proper city official.

Inspection: All sidewalks shall be inspected by the city or its duly authorized representative.

(Adopted by Ord. 1976 Code § 11-352 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-2-2: - Conform to established specifications#

It shall be unlawful for any person either as owner, agent, servant, contractor or employee to construct a street or sidewalk which does not conform to specifications established by the city engineer or other authorized representative of the city unless special permission to deviate from such specification is first obtained from the city council.

(Adopted by Ord. 1976 Code § 11-351 on 1/1/1976)

7-2-3: - Changing existing construction#

It shall be unlawful for any person to construct a driveway across a sidewalk or cut or change the construction of sidewalk, curb or gutter without first making written application and obtaining from the city a permit to do so. The acceptance of such permit shall be deemed an agreement on the part of such person to construct said driveway in accordance with specifications furnished by the city.

(Adopted by Ord. 1976 Code § 11-353 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-2-4: - Building materials in street; permit#

It shall be unlawful for any person to occupy or use any portion of the public streets when erecting or repairing any building upon land abutting thereon, without first making application to and receiving from the city a permit for the occupation or use of such portions of streets for such periods of time and under such limitations and restrictions as may be required by the city. Any such permit may be revoked by the city at any time when the holder thereof fails to comply with any rule or regulation under which it is granted, or when, in the opinion of the city, the public interest requires such revocation.

(Adopted by Ord. 1976 Code § 11-354 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-2-5: - Mixing concrete on paved streets or sidewalks; permit#

Unless a permit from the city has been obtained, it shall be unlawful to: (1976 Code § 11-355; amd. 2001 Code) A.

Place, Pile or Permit: Place or pile or permit to be placed or piled, any sand, gravel, lime, cement, mortar, plaster, concrete or any like substance or mixture, or allow the same to remain on any portion of any paved street or sidewalk.

Make, Mix or Permit: Make or mix or permit to be made or mixed any mortar, plaster, concrete or any like substance or mixture on any portion of any paved street or sidewalk.

(Adopted by Ord. 1976 Code § 11-355 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-2-6: - Overflowing of water#

It shall be unlawful for any person to allow water to overflow from any ditch, canal, well or irrigation stream onto the streets, sidewalks or property of the city.

(Adopted by Ord. 1976 Code § 11-356 on 1/1/1976)

7-2-7: - Irrigation ditches#

All owners or occupants of lots in the city who require water from a ditch for irrigation or other purposes shall dig ditches, erect flumes, lay pipes and install culverts, as needed, and maintain the same to convey water under sidewalks to or from their respective lots. All culverts, ditches, pipes and flumes conveying water under sidewalks shall meet such reasonable standards and specifications as may be established by the city.

(Adopted by Ord. 1976 Code § 11-357 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-2-8: - Removal of earth#

No person shall dig, cut or remove any sod or earth from any street or other public place without a permit from the city.

(Adopted by Ord. 1976 Code § 11-358 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 3: - EXCAVATIONS#

7-3-1: - Administrative authority#

In approving or disapproving work within any public way, or permits therefor, in the inspection of such work; in reviewing plans, sketches or specifications; and generally in the exercise of the authority conferred upon him/her by this chapter, the city engineer shall act in such manner as to preserve and protect the public way and the use thereof, but shall have no authority to govern the actions or inaction of permittees and applicants or other persons which have no relationship to the use, preservation or protection of the public way.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-2: - Definitions#

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

APPLICANT: Any person who makes application for a permit.

BUSINESS: Any place in the city in which there is conducted or carried on principally or exclusively any pursuit or occupation for the purpose of gaining a livelihood.

CITY: City of Honeyville, a municipal corporation of the state of Utah.

CITY ENGINEER: The city engineer or his/her authorized representative.

EMERGENCY: Any unforeseen circumstances or occurrence, the existence of which constitutes an immediate danger to persons or property, or which causes interruption of utility or public services.

ENGINEERING REGULATIONS, REGULATIONS, SPECIFICATIONS AND/OR DESIGN STANDARDS: The latest version of the engineering regulations, specifications, design standards or criteria published or adopted by the city engineer.

FAILURE: A work site restoration which fails to meet city engineer specifications, or which results in a deteriorated or substandard condition within the duration of the warranty period. Failure may be settlement of surfaces, deterioration of materials or other surface irregularities. Measurement of failure shall be further defined in the engineering regulations.

INFRASTRUCTURE PROVIDER: A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the right of way.

OPERATOR: Any person who provides service over a telecommunications system and directly or through one or more affiliates owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

PERMITTEE: Any person which has been issued a permit and thereby has agreed to fulfill the requirements of this chapter.

PERSON: Means and includes any natural person, partnership, firm, association, provider, corporation, company, organization or entity of any kind.

PIPE DRIVEWAY: A driveway approach which uses a pipe or other means to bridge the gutter.

PRIVATE DRAIN LINE: A pipe installed solely for the transmission of water collected or generated on private property, such as drainage, spring or storm water, or condensate into the public drainage system.

PROPERTY OWNER: Person or persons who have legal title to property and/or equitable interest in the property, or the ranking official or agent of a company having legal title to property and/or equitable interest in the property.

PROVIDER: An operator, infrastructure provider, reseller, system lessee or public utility company.

PUBLIC UTILITY COMPANY: Any company subject to the jurisdiction of the Utah State Public Service Commission or any mutual corporation providing gas, electricity, water, telephone or other utility products or services for use by the general public.

PUBLIC WAY: Means and includes all public rights of way and easements, public footpaths, walkways and sidewalks, public streets, public roads, public highways, public alleys and public drainageways. It does not, however, include utility easements not within public ways of the city.

RESELLER: Refers to any person that provides service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission and does not install any system in the rights of way.

RESIDENT: The person or persons currently making their home at a particular dwelling.

STORM DRAIN: A dedicated pipe, conduit, waterway or ditch installed in a right of way or easement for the transmission of storm and drainage water. This term does not include private drain lines.

SYSTEM LESSEE: Refers to any person that leases a system or a specific portion of a system to provide services.

WORK SITE RESTORATION: Means and includes the restoring of the original ground or paved hard surface area to comply with engineering regulations, and includes, but is not limited to, repair, cleanup, backfilling, compaction and stabilization, paving and other work necessary to place the site in acceptable condition following the conclusion of the work, or the expiration or revocation of the permit.

(Adopted by Ord. 98-2 on 2/11/1998; Amended by Ord. 2001 Code on 1/1/2001)

7-3-3: - Permit required; basis for issuance#

Any person desiring to perform work of any kind in a public way within the city, shall make application for a permit. The decision by the city to issue a permit shall include, among other factors determined by the city, the following: A.

The capacity of the public way to accommodate the facilities or structures proposed to be installed in the public way;

The capacity of the public way to accommodate multiple wire in addition to cables, conduits, pipes or other facilities or structures of other users of the public way, such as electrical power, telephone, gas, sewer and water;

The damage or disruption, if any, of public or private facilities, improvements or landscaping previously existing in the public way;

The public interest in minimizing the cost and disruption of construction from numerous excavations of the public way.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-4: - Application for permit; requirements#

Required; Filing: Application for a permit shall be filed with the city engineer on a form or forms to be furnished by the city. Property owners and/or tenants for whom work is being done shall be responsible for obtaining the permits, provided however, contractors may obtain the permit in the contractor's name.

Eligible Persons: No person shall be eligible to apply for or receive permits to do work within the public ways of the city, save and except the following:

Contractors licensed by the state as general contractors;

Providers;

Property owners installing, replacing or maintaining less than five hundred (500) square feet or one hundred (100) linear feet of sidewalk, curb and gutter, or driveway approach, or other work approved by the city engineer, upon a portion of the public way adjacent to their residence; or

Persons offering a service which requires occupation of the public way, such as scaffold or staging, staging of a crane, installation or maintenance of electric signs, glass, awnings and painting or cleaning of buildings or sign boards or other structures.

Denial Based on Past Performances: The city engineer may deny the issuance of permits to contractors, utility companies or other permit applicants who have shown by past performance that, in the opinion of the city engineer, they will not consistently conform to the engineering regulations, specifications, design standards or the requirements of this chapter.

Engineering Plans; When Required: When necessary, in the judgment of the city engineer, to fully determine the relationship of the work proposed to existing or proposed facilities within the public ways, or to determine whether the work proposed complies with the engineering regulations, construction specifications and design standards, the city engineer may require the filing of engineering plans, specifications and sketches showing the proposed work in sufficient detail to permit determination of such relationship or compliance, or both, and the application shall be deemed suspended until such plans and sketches are filed and approved.

Approval Required Prior to Commencement of Work: It shall be unlawful for any person to commence work upon any public way until the city engineer has approved the application and until a permit has been issued for such work, except as specifically approved to the contrary in this chapter.

Government Employees: It shall be lawful for a city, county, state, federal or other government employee to perform routine maintenance work, not involving excavations, without first having obtained a permit therefor.

Hand Digging Excavations: A permit is not required from the city engineer for hand digging excavations for installation or repair of sprinkler systems and landscaping within the nonpaved areas of the public way. However, conformance to all city specifications is required.

(Adopted by Ord. 98-2 on 2/11/1998; Amended by Ord. 2001 Code on 1/1/2001)

7-3-5: - Fees for permit#

Authorized: The city shall charge and the permittee shall pay upon issuance of the permit, fees for costs associated with the work performed under the permit as outlined in the consolidated fee schedule. Such costs could include costs for reviewing the project and issuing the permit, inspections of the project, deterioration of the public way or diminution of the useful life of the public way, and other costs to the city associated with the work to be done under the permit. All costs shall be assessed in a nondiscriminatory manner.

Waiver; Determination: The city engineer may waive permit fees or penalties, or portion thereof, provided for in this chapter, when he/she determines that such permit fee or penalty:

Low Income Housing: Pertains to construction or rehabilitation of housing for persons whose income is below the median income level for the city; or

Encroachment Involving Beautification Project: Pertains to an encroachment on the public way involving a beautification project which furthers specific goals and objectives set forth in the city's strategic plan, master plans or other official documents, including decorative street lighting, building facade lighting, flower and planter boxes and landscaping.

Required Reviews and Inspections: Additional charges to cover the reasonable cost and expenses of any required engineering review, inspection and work site restoration associated with each undertaking may be charged by the city to each permittee, in addition to the permit fee.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-6: - Insurance requirements#

Evidence Provided; Limits, Provisions: Before a permit is issued, the applicant shall furnish to the city evidence that such applicant has a comprehensive general liability and property damage policy that includes contractual liability coverage endorsed with the following limits and provisions, or with such alternative limits and provisions as may be approved by the city:

A minimum of one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage and not less than one million dollars ($1,000,000.00) in the aggregate. The general aggregate limit shall apply separately to the permit, or the general aggregate limit shall be two (2) times the required occurrence limit. The coverage shall be in the nature of broad form commercial general liability coverage. The city attorney may increase or decrease minimum insurance limits, depending on the potential liability of any project.

All policies shall include the city, its employees, officers, officials, agents, volunteers and assigns as insured. Any reference to the "city" shall include the city, its employees, officers, officials, agents, volunteers and assigns.

The coverage shall be primary insurance as respects the city, its employees, officers, officials, agents, volunteers, and assigns. Any insurance or self-insurance maintained by the city, its employees, officers, officials, agents, volunteers and assigns shall be in excess of the permittee's insurance and shall not contribute to or with it.

Any failure to comply with reporting provisions of the policy shall not effect coverage provided to the city, its employees, officers, officials, agents, volunteers and assigns.

Coverage shall state that the permittee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Underwriters shall have no right of recovery or subrogation against the city, it being the intent of the parties that the insurance policy so affected shall protect both parties and be primary coverage for any and all losses covered by the described insurance.

The insurance companies issuing the policy shall have no recourse against the city for payment of any premiums due or for any assessments under any form of any policy.

Each insurance policy shall be endorsed to state that the coverage shall not be suspended, voided, canceled or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, sent to the city.

Each policy shall be endorsed to indemnify, save harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained on account of damages to persons or property occurring by reason of permit work done by the permittee, his/her subcontractor or agent, whether or not the work has been completed and whether or not the right of way has been opened to public travel.

10.

Each policy shall be endorsed to indemnify, hold harmless and defend the city and its officers and employees against any claim or loss, damage or expense sustained by any person occurring by reason of doing any work pursuant to the permit, including, but not limited to, falling objects or failure to maintain proper barricades and/or lights as required from the time work begins until the work is completed and right of way is opened for public use.

Rating of Insurer: Insurance is to be placed with insurers with an AM Best rating of no less than an "A" carrier, with a rating of "7" or higher.

Certificates, Endorsements: The permittee shall furnish the city with certificates of insurance and original endorsements affecting coverage required by the permit. The certificates and endorsements of each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The city expressly reserves the right to require complete, certified copies of all required insurance policies at any time. Consequently, the permittee shall be prepared to provide such copies prior to the issuance of the permit.

Unsatisfactory Policy: If any of the required policies are, or at any time become, unsatisfactory to the city as to form or substance, or if a company issuing any such policy is, or at any time becomes, unsatisfactory to the city, the permittee shall promptly obtain a new policy, submit the same to the city for approval and thereafter submit verification of coverage as required by the city. Upon failure to furnish, deliver and maintain such insurance as provided herein, the city may declare the permit to be in default and pursue any and all remedies the city may have at law or in equity, including those actions outlined in this chapter.

Subcontractors: The permittee shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Deductibles, Self-Insured Retentions: Any deductibles or self-insured retentions shall be declared to and approved by the city. At the option of the city, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its employees, officers, officials, agents, volunteers or assigns, or the permittee shall procure a bond, in a form acceptable to the city, guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Property Owner Performing Work: A property owner performing work adjacent to his/her residence may submit proof of a homeowner's insurance policy in lieu of the insurance requirements of this section.

Relief of Obligation; Circumstances: A provider may be relieved of the obligation of submitting certificates of insurance under the following circumstances:

If such company shall submit satisfactory evidence in advance that:

It is insured in the amounts set forth in this chapter or has complied with state requirements to become self-insured. Public utilities may submit annually evidence of insurance coverage in lieu of individual submissions for each permit; and

Said coverage provides to the city the same scope of coverage that would otherwise be provided by a separate policy as required by this chapter; or

The work to be performed under the permit issued to the applicant is to be performed by the city, in which case insurance or other risk transfer issues shall be negotiated between the city and the applicant by separate agreement.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-7: - Bond required#

Acceptable Security: Except as noted in this chapter, each applicant, before being issued a permit, shall provide the city with an acceptable security (this may include a corporate surety bond, cash bond or letter of credit, as determined by the city) in an amount to be determined by the city council to guarantee faithful performance of the work authorized by a permit granted pursuant to this chapter. The amount of the security required may be increased or decreased at the discretion of the city engineer whenever it appears that the amount and cost of the work to be performed, and not satisfactorily completed, may vary from the amount of security otherwise required under this chapter. The form of the security and the entity issuing the security shall be subject to the approval of the city attorney.

Public Utilities Franchised by City: Public utilities franchised by the city shall not be required to file any security if such requirement is expressly waived in the franchise documents.

Conditions of Security: The security required by this section shall be conditioned as follows:

Compliance with Specifications and Regulations: The permittee shall fully comply with the requirements of the city ordinances and regulations, specifications and standards promulgated by the city relative to work in the public way, and respond to the city in damages for failure to conform therewith;

Diligent Completion: After work is commenced, the permittee shall proceed with diligence and expedition and shall promptly complete such work and restore the public way to construction specifications so as not to obstruct the public place or travel thereon more than is reasonably necessary;

Guarantee of Materials, Workmanship: The permittee shall guarantee the materials and workmanship for a period of two (2) years from completion of such work, with reasonable wear and tear excepted; and

Street Facilities: Unless authorized by the city engineer on the permit, all paving, resurfacing or replacement of street facilities on major or collector streets shall be done in conformance with the regulations contained herein within three (3) calendar days, and within seven (7) calendar days from the time the excavation commences on all other streets, except as provided for during excavation in winter or during weather conditions which do not allow paving according to engineering regulations. In winter, a temporary patch must be provided. In all excavations, restoration of pavement surfaces shall be made immediately after backfilling is completed or concrete is cured. If work is expected to exceed the above duration, the permittee shall submit a detailed construction schedule for approval. The schedule will address means and methods to minimize traffic disruption and complete the construction as soon as reasonably possible.

(Adopted by Ord. 98-2 on 2/11/1998; Amended by Ord. 2001 Code on 1/1/2001)

7-3-8: - Duration of permit; extensions#

Completion Date; Determination: Each permit application shall state the starting date and estimated completion date. Work shall be completed within five (5) days from the starting date or as determined by the city engineer. Such determination shall be based upon factors reasonably related to the work to be performed under the permit. Such factors may include, in addition to other factors related to the work to be performed, the following:

The scope of work to be performed under the permit;

Maintaining the safe and effective flow of pedestrian and vehicular traffic on the public way affected by the work;

Protecting the existing improvements to the public way impacted by the work;

The season of the year during which the work is to be performed, as well as the current weather and its impact on public safety and the use of the public way by the public;

Use of the public way for extraordinary events anticipated by the city.

Notification to City upon Commencement: The city engineer shall be notified by the permittee of commencement of the work within twenty-four (24) hours prior to commencing work. The permit shall be valid for the time period specified in the permit.

Application for Extension: If the work is not completed during such period, prior to the expiration of the permit, the permittee may apply to the city engineer for an additional permit or an extension, which may be granted by the city engineer for good cause shown.

Length of Extension: The length of the extension requested by the permittee shall be subject to the approval of the city engineer. No extension shall be made that allows work to be completed in the winter period without payment of winter fees.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-9: - Compliance required#

Regulations, Specifications: The work performed in the public way shall conform to the requirements of the engineering regulations, design standards, construction specifications and traffic-control regulations of the city, copies of which shall be available from the city engineer, kept on file in the office of the city recorder and be open to public inspection during office hours.

Unattended Site; Permittee Identification: Where a job site is left unattended before completion of the work, signage with minimum two inch (2") high letters shall be attached to a barricade or otherwise posted at the site, indicating the permittee's name or company name, telephone number and after hours telephone number.

Traffic Control; Barricades: All excavations shall be conducted in a manner resulting in a minimum amount of interference or interruption of street or pedestrian traffic. Inconvenience to residents and businesses fronting on the public way shall be minimized. Suitable, adequate and sufficient barricades and/or other structures will be available and used where necessary to prevent accidents involving property or persons. Barricades must be in place until all of the permittee's equipment is removed from the site and the excavation has been backfilled and proper temporary gravel surface is in place, except where backfilling and resurfacing is to be done by the city; in which case the barricades, together with any necessary lights, flares or torches, must remain in place until the backfill work is actually commenced by the city. From sunset to sunrise, all barricades and excavations must be clearly outlined by adequate signal lights, torches, etc. The city's law enforcement agency and fire department shall be notified at least twenty-four (24) hours in advance of any planned excavation requiring street closure or traffic detour.

(Adopted by Ord. 98-2 on 2/11/1998; Amended by Ord. 2001 Code on 1/1/2001)

7-3-10: - Relocation of structures in public ways#

Authority; Costs: The city engineer may direct any person owning or maintaining facilities or structures in the public way to alter, modify or relocate such facilities or structures as the city engineer may require as set forth herein. Sewers, pipes, drains, tunnels, conduits, pipe driveways, vaults, trash receptacles and overhead and underground gas, electric, telephone, telecommunication and communication facilities shall specifically be subject to such directives. The person owning or maintaining the facilities or structures shall, at their own cost and expense and upon reasonable written notice by the city, promptly protect or promptly alter or relocate such facilities or structures, or part thereof, as directed by the city. In the event that such person refuses or neglects to conform to the directive of the city, the city shall have the right to break through, remove, alter or relocate such part of the facilities or structures without liability to such person. Such person shall pay to the city all costs incurred by the city in connection with such work performed by the city, including also design, engineering, construction, materials, insurance, court costs and attorney fees.

Considerations for Issuing Directive: Any directive by the city engineer shall be based upon the following:

The facility or structure was installed, erected or is being maintained contrary to law, or determined by the city engineer to be structurally unsound or defective;

The facility or structure constitutes a "nuisance", as defined under state statute;

The permit under which the facility or structure was installed has expired or has been revoked;

The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction; or

The grades or lines of the public way are to be altered or changed.

Police Power: Any directive of the city engineer under this section shall be under and consistent with the city's police power. Unless an emergency condition exists, the city engineer shall make a good faith effort to consult with the person regarding any condition that may result in a removal or relocation of facilities in the public way to consider possible avoidance or minimization of removal or relocation requirements and provide the directive as far enough in advance of the required removal or relocation to allow the person a reasonable opportunity to plan and minimize cost associated with the required removal or relocation.

Private Easements; Exception: This obligation does not apply to facilities or structures originally located on private property pursuant to a private easement, which property was later incorporated into the public way, if that prior private easement grants a superior vested right.

Failure to Comply: Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the city engineer shall be guilty of a Class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved.

Emergency; Authority of City: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the public way, in which event the city shall not be liable therefor to a person. The city shall notify a person in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this subsection.

(Adopted by Ord. 98-2 on 2/11/1998; Amended by Ord. 2001 Code on 1/1/2001)

7-3-11: - Impact on existing improvements#

Sidewalk or Curb Ramp Blocked; Temporary Improvement: If any sidewalk or curb ramp is blocked by excavation work, a temporary sidewalk or curb ramp shall be constructed or provided. Said temporary improvement shall be safe for travel and convenient for users, and consistent with city standards for such.

Paved Areas; Temporary Surface: Where excavations are made in paved areas, the surface shall be replaced with a temporary gravel surface until such time as the permanent repairs are completed.

Disturbance of Property:

At any time a permittee disturbs the yard, residence or the real or personal property of a private property owner or the city, such permittee shall ensure that such property is returned, replaced and/or restored to a condition that is comparable to the condition that existed prior to the commencement of the work.

The costs associated with the disturbance and the return, replacement and/or restoration shall be done by the permittee. Further, a permittee shall reimburse a property owner or the city for any actual damage caused by the permittee, its subcontractor or its independent contractor, in connection with the disturbance of such property. However, nothing in this subsection shall require the permittee to pay a subscriber or private property owner when that subscriber or private property owner requests that the permittee remove, replace or relocate improvements associated with the service provided by the permittee to the property owner and when the permittee exercises due care in the performance of that service, or when the subscriber or private property owner provided false information to the permittee on which the permittee relied to its detriment.

Acts Specifically Included: Examples of types of acts specifically included in this section are the following:

Removal of sod, lawn, shrubbery, flowers, trees, driveways or fence to install, trench, repair, replace, remove or locate, equipment, cable or other appurtenances of the permittee;

Installation or removal of equipment or other appurtenances of the permittee's system within a private property owner's property or residence which requires drilling, excavating, plastering or the like on the part of the permittee;

Temporarily relocating or moving a piece of personal property or a fixture of a private property owner, such as a motor vehicle, fence, air conditioning, heating unit or the like, in order to perform some sort of construction, maintenance or repair by the permittee; or

Permanently removing a permittee's equipment or other appurtenances due to the revocation, termination or nonrenewal of the franchise (if applicable).

Drainage Channels Free from Debris: Existing drainage channels, such as gutters or ditches, shall be kept free of dirt or other debris so that natural flow will not be interrupted. When it is necessary to block or otherwise interrupt flow of the drainage channel, a method of rerouting the flow must be submitted for approval by the city engineer prior to the blockage of the channel.

Subcontractor, Independent Contractor: The requirements imposed upon the permittee extend to any subcontractor or independent contractor that the permittee might employ to perform the tasks pursuant to the permit.

Exception: The requirements of this section shall not apply to the removal by a permittee of a permanent structure placed by a property owner in a public way, unless such property owner has received prior written permission from the city granting the property owner the right to install a permanent structure on a public way, and such written permission has been recorded in the office of the County Recorder.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-12: - Restoration of public property#

Required: The permittee shall, at its own expense, restore the surface of any public way to its original condition and replace any removed or damaged pavement with the same type and depth of pavement as that which is adjoining, including the gravel base material. All restoration shall conform to the engineering regulations, design standards and specifications promulgated by the city and shall be accomplished within the time limits set forth in the permit, unless additional time is granted in writing by the department.

Work Done by City; Fee Charged to Permittee: At its option, the permittee doing the actual excavation work may request that the city restore the surface to its original condition. The fee for such resurfacing shall be determined by the city engineer in accordance with its reasonable costs for such work and shall be charged to the person making the excavation. Payment for said work shall be received by the city prior to the release of the bond.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-13: - Transferability; assignability#

Permits shall not be transferable or assignable, and work shall not be performed under a permit in any place other than that specified in the permit. Nothing herein contained shall prevent a permittee from subcontracting the work to be performed under a permit; provided, however, that the holder of the permit shall be and remain responsible for the performance of the work under the permit, and for all bonding, insurance and other requirements of this chapter and under said permit.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-14: - Other highway permits#

City Permit Not Required: Holders of permits for work on highways owned or under the jurisdiction of other government entities, but located within the city limits, shall not be required to obtain permits from the city under the provisions of this chapter, unless the work extends beyond the back side of the curb, or beyond any other designated jurisdictional boundary. Any city permit shall not be construed to permit or allow work on a county road or a state highway within the city without an applicable county or state permit.

Regulation of Work by City; Authority: The city engineer, in his or her discretion, shall have the right and authority to regulate work under permits issued by other governmental entities with respect to hours and days of work, and measures required to be taken by the permittee of said governmental entity for the protection of traffic and safety of persons and property.

Liability: Notwithstanding the foregoing, nothing in this chapter shall be construed to impose any duty, implied or expressed, on the city or its employees, officers, agents or assigns, relative to the protection of traffic and safety of persons or property arising out of the issuance of any permit issued by government entities other than the city, or arising out of any work performed on any public way owned or within the jurisdiction of the city.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-15: - Work without permit#

Stop Order: A stop order may be issued by the city engineer directed to any person doing or causing any work to be done in the public way without a permit. The abutting property owner shall be responsible for causing work to be done.

Fee: Any person found to be doing work in the public way without having obtained a permit, as provided in this chapter, shall be required to pay a permit fee equal to two (2) times the normal permit fee. For replacement work, where a fee is not normally charged, the normal permit fee for new construction shall apply.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-16: - Revocation or suspension; stop order; default#

Authority; Notice: Any permit may be revoked or suspended and a stop order issued by the city engineer, after notice to the permittee for:

Violation of any condition of the permit, the security or of any provision of this chapter;

Violation of any provision of any other ordinance of the city or law relating to the work; or

Existence of any condition or the doing of any act which does constitute, may constitute or cause a condition endangering life or property.

Immediate Effect: A suspension or revocation by the city engineer and a stop order, shall take effect immediately upon entry thereof by the city engineer and notice to the person performing the work in the public way. Notice to the person performing the work shall be accomplished when the city engineer has posted a stop work order at the location of the work and written notice has been mailed, return receipt requested, to the address indicated by the permittee on the permit.

Default: Whenever the city engineer finds that a default has occurred in the performance of any term or condition of the permit, written notice thereof may be given to the principal and to the surety on the bond, if there is a surety bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the city engineer to be reasonably necessary for the completion of the work.

Failure to Commence Work: In the event that the surety (or principal), within a reasonable time following the giving of such notice (taking into consideration the exigencies of the situation, the nature of the work, the requirements of public safety and for the protection of persons and property), fails either to commence and cause the required work to be performed with due diligence, or to indemnify the city for the cost of doing the work, as set forth in the notice, the city may perform the work, at the discretion of the city engineer, with city forces or contract forces, or both, and suit may be commenced by the city attorney against the contractor and bonding company and such other persons as may be liable, to recover the entire amount due to the city, including attorney fees, on account thereof. In the event that cash has been deposited, the cost of performing the work may be charged against the amount deposited, and suit brought for the balance due, if any.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-17: - Failure to conform to design standards#

For failure to conform to the design standards and regulations, the city engineer may: A.

Suspend or revoke the permit;

Issue a stop order;

Order removal and replacement of faulty work;

Require an extended warranty period; and/or

Negotiate a cash settlement to be applied toward future maintenance costs.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-18: - Emergency work#

Authorized Without Permit: Any person maintaining pipes, lines or facilities in the public way may proceed with work upon existing facilities without a permit when emergency circumstances demand the work to be done immediately; provided a permit could not reasonably and practicably have been obtained beforehand.

Notification to City; Protection of Public: In the event that emergency work is commenced on or within any public way of the city during regular business hours, the city engineer shall be notified within one-half ( 1 / 2 ) hour from the time the work is commenced. The person commencing and conducting such work shall take all necessary safety precautions for the protection of the public and the direction and control of traffic, and shall ensure that work is accomplished according to city engineering regulations, the manual on uniform traffic control devices and other applicable laws, regulations or generally recognized practices in the industry.

Application for Permit; Time Limit: Any person commencing emergency work in the public way during other than business hours without a permit shall immediately thereafter apply for a permit or give notice during the first hour of the first regular business day on which city offices are open for business after such work is commenced. A permit for such emergency work may be issued which shall be retroactive to the date when the work was begun, at the discretion of the city engineer.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-19: - Nonliability of city#

Agreement to Hold City Harmless: The permittee agrees to save the city, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under the permit. The issuance and acceptance of any permit under this chapter shall constitute such an agreement by the permittee to this section.

Liability: This chapter shall neither be construed as imposing upon the city, its officers, employees and agents, any liability or responsibility for damages to any person injured by or by reason of the performance of any work within the public way, or under a permit issued pursuant to this chapter; nor shall the city, its officers, officials, employees, agents, volunteers or assigns thereof be deemed to have assumed any such liability or responsibility by reason of inspection authorized hereunder, the issuance of any permit or the approval of any work.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-20: - Appeals#

Application Disapproval or Denial: The disapproval or denial of an application by the city engineer may be appealed by the applicant to the city council by the filing of a written notice of appeal within ten (10) days of the action of the city engineer. The city council shall hear such appeal, if written request therefor be timely filed as soon as practicable, and render their decision within two (2) weeks following notice of such appeal.

Suspension, Revocation or Stop Order: Any suspension, revocation or stop order by the city engineer may be appealed by the permittee to the city council by filing a written notice of appeal within ten (10) days of the action of the city engineer. The city council shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render their decision within a reasonable time following filing of notice of appeal.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-21: - Tampering with traffic barricades#

It shall be unlawful for any person to maliciously or wantonly or without authorization and legal cause, extinguish, remove or diminish any light illuminating any barricade or excavation, or to tear down, remove or in any manner alter any rail, fence or barricade protecting any excavation or other construction site.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-22: - Conflicting provisions#

Should there be a conflict between the provisions of this chapter and the provisions of any other ordinance, agreement, franchise or other document governing the excavation of a public way, the more restrictive provisions of the aforesaid documents shall apply.

(Adopted by Ord. 98-2 on 2/11/1998)

7-3-23: - Penalty#

Unless otherwise specified in this chapter, a violation of any provision of this chapter, or failure to comply with an order of suspension, revocation or stop work, shall be a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code. Each day the violation exists shall be a separate offense. No criminal conviction shall excuse the person from otherwise complying with the provisions of this chapter.

(Adopted by Ord. 98-2 on 2/11/1998)

CHAPTER 4: - MUNICIPAL PROPERTIES; PROTECTION, USE AND CONTROL#

7-4-1: - Unlawful use#

Unless authorized by permit or other written authorization issued by the city or unless authority is granted by provisions of this code or other ordinance of the city now or hereafter enacted, it shall be a Class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any person to: A.

Property Controlled by City: Construct, lay, excavate, erect, operate or maintain over, under, across, in or through any property owned or controlled by the city, any utility, canal, ditch, construction or building.

Restricted Areas: Enter upon any property of the city contrary to any posting or marking restricting or prohibiting use of the area.

Damage to Property: Intentionally use or perform acts upon property of the city which materially impairs, alters or damages the property.

(Adopted by Ord. 1976 Code § 8-111 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-4-2: - Repair after unlawful use#

The city council, in addition to any other penalty which may be imposed, may order any person who has damaged, altered or changed any property of the city to repair or restore the property to its original condition prior to the damage, alteration or change.

(Adopted by Ord. 1976 Code § 8-112 on 1/1/1976)

7-4-3: - Franchise; easement#

Provisions: The city council may grant to any person a franchise or easement on such terms and conditions as it deems reasonable, for the purpose of entering upon, constructing, building, operating and maintaining any business or for other use of the property of the city and the provisions of sections 7-4-1 and 7-4-2 of this chapter shall not apply to the extent such provisions are waived, qualified or made inapplicable to the rights or privileges granted in the franchise ordinance or easement.

In Writing: Any franchise or easement granted by the city shall be in writing and any franchise or easement not in writing shall be void.

(Adopted by Ord. 1976 Code § 8-113 on 1/1/1976)

7-4-4: - Acts exempted#

It shall not be a violation of this chapter where any person uses the public property of the city in the manner or for the purpose for which such property has been made available for public use.

(Adopted by Ord. 1976 Code § 8-114 on 1/1/1976)

7-4-5: - Unlawful acts#

Public Property Defined: For the purpose of this section, "public property" means any publicly-owned property, except the traveled portion of public streets and includes any park, sidewalk, curb or any part of any public right of way devoted to any planting or park-like use.

Unlawful Acts Specified: On any public property, it is unlawful for any person to:

Willfully mark, deface, disfigure, injure, tamper with, displace or remove any building, railing, bench, paving, paving material, water line or any facilities or property and equipment of any public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, wall or rock border, or other structures or equipment, facilities or public property or appurtenances whatever, either real or personal.

Soil or litter public restrooms and washrooms.

Dig and remove any sand, soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency, unless permission is obtained.

Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, any tent, fly or windbreak, or run or string any rope, cord or wire into, upon or across any public property, except with special permit.

Urinate or defecate, except in a public restroom in receptacles placed there for such purpose.

Damage, cut, carve, burn, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant. No person shall attach any rope, wire or other contrivance to any tree or plant. No person shall dig in or otherwise disturb, or in any other way injure or impair the natural beauty or usefulness of any park area. This subsection shall not apply to any person authorized to perform the act prescribed.

Climb any tree or walk, stand or sit on monuments, fountains, railings, fences, planted areas or upon any other property not designed or customarily used for such purposes or to intentionally stand, sit or lie in or upon any street, sidewalk, stairway or crosswalk so as to prevent free passage of persons or vehicles passing over, along or across any street, sidewalk, stairway or crosswalk.

Drop, throw, place, discard, dump, leave or otherwise deposit any bottles, broken glass, garbage, ashes, paper, boxes, cans, dirt, rubbish, waste, refuse or other trash on any public property except in waste containers provided therefor. No such refuse or trash shall be placed in any waters contiguous to any park or planted area or left anywhere on the grounds thereof.

Sleep on seats, benches, sidewalks, curbs, planters, walls or other areas.

10.

Expose or offer for sale any article or thing, or station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing, without first obtaining a license, except that the city council may exempt designated areas from this subsection by resolution on such terms and conditions as it may prescribe.

11.

To beg or to go from door to door of private homes or commercial and business establishments or place himself in or upon any public way or public place to beg or to receive money or other things of value.

(Adopted by Ord. 1976 Code §§ 13-351, 13-352 on 1/1/1976)

CHAPTER 5: - CEMETERIES#

7-5-1: - City cemetery#

The burial grounds of the city shall be known and designated by the names of the Honeyville cemetery and the Call's Fort cemetery.

(Adopted by Ord. 1976 Code § 8-202 on 1/1/1976)

7-5-2: - Definitions#

The following words or phrases shall have the following meanings, unless the context otherwise clearly requires:

LOT: The partial lots or single graves in the city cemetery.

LOT OWNER OR PURCHASER AND GRAVE OWNER OR PURCHASER: The owner or purchaser of burial privileges or the collateral right of use of any burial lot evidenced by a deed or burial right for a described lot or by proved and recognized descent or devise from the original owner.

(Adopted by Ord. 1976 Code § 8-201 on 1/1/1976)

7-5-3: - Applicability#

All cemeteries owned and/or maintained by the city or which may hereafter be acquired by the city wherever situated are hereby declared subject to the provisions of this chapter.

(Adopted by Ord. 1976 Code § 8-203 on 1/1/1976)

7-5-4: - Cemetery superintendent#

Created: There is hereby created the position of cemetery superintendent. (1976 Code § 8-211)

Duties: The cemetery superintendent shall have the general supervision and administration of the city cemetery, including, but not limited to:

Recommending to the city council such additional rules and regulations as may be necessary for the operation, maintenance, use and protection of the cemetery.

Subdividing the cemetery into lots and grave sites.

Maintaining a record of the location of the graves and preventing any lot from being used beyond its capacity.

Keeping in proper repair the enclosure around the cemetery and preventing its being entered by animals and, so far as practical, preventing the destruction or defacing of any tablet or marker placed or erected therein.

Keeping a duplicate plat of the cemetery and, at the request of any person wishing to purchase any of the lots or parts of lots, pointing out any of the lots or parts of lots for sale; and upon disposal of any lots or part thereof, notifying the city recorder of such fact. The city recorder shall, after payment of the lot price has been received in the treasury, issue a certificate of burial rights which shall describe the lot or grave to which the right to burial is granted. The certificate shall be signed by the mayor and the city recorder.

Opening any graves in the cemetery upon application to him being made by the city recorder or by any person having the right to make such application and being responsible for closing all graves.

Removing floral pieces or displays left on any grave as deemed necessary to the appearance of the cemetery, but such floral pieces or displays shall not be removed sooner than five (5) days after original placement, except in emergency.

Keeping the streets, alleys, walks and avenues in the cemetery in good order and unobstructed.

Erecting a suitable marker firmly set upon the northwest corner of each lot with the number of the lot inscribed thereon and which location shall be shown on the cemetery records.

(Adopted by Ord. 1976 Code § 8-211, 8-212 on 1/1/1976)

7-5-5: - Burials#

Permits Required:

Before any deceased person is buried in the city cemetery, a permit properly issued by the registrar of the registration district in which the death occurred or, in the absence of such registrar, a permit duly issued by the State Division of Health or other authorized person shall be required by the cemetery superintendent. After burial, the cemetery superintendent shall endorse upon the permit a description of the location where the deceased is buried and shall enter all of the information contained in the permit in the cemetery records.

It shall be unlawful for any person to bury the body of a deceased person in the city cemetery without first obtaining a certificate of burial right for the lot used or producing satisfactory evidence of a right to burial based on a properly acquired certificate of burial right.

Registration: Before any deceased person may be buried in the city cemetery, the relatives or person having charge of the deceased shall provide the city recorder with a written statement which shall be filed by the city recorder, which statement shall contain, if known, information about the deceased regarding his or her name, when and where born, the date and cause of death, the name of the attending physician, date of burial, name of cemetery and the description of the location of the grave.

Unlawful Acts:

It is an infraction, subject to penalty as provided in section 1-4-1 of this code, for any person to:

Disinter any body buried in any cemetery, except under the direction of the cemetery superintendent who shall, before disinterment, require written permission from both the health officer and the owner of the lot or his or her heirs, which written authorization shall be filed and preserved in a record kept for such purposes.

Disinter or remove the body of a person who has died from a contagious disease within two (2) years after the date of burial, unless the body was buried in a hermetically-sealed casket or vault and is found to be so incased at the time of disinterment.

It is an infraction, subject to penalty as provided in section 1-4-1 of this code, to inter anything other than the remains of human bodies in cemeteries.

It is an infraction, subject to penalty as provided in section 1-4-1 of this code, to bury the body of any person within the city, except in the city cemetery or a private cemetery, unless by special permission of the city council under such rules and regulations that it may prescribe.

Vaults Required:

Unless in writing waived by the cemetery superintendent, it shall be unlawful for any person to be buried in the cemetery unless the casket shall be placed in a vault made of concrete, fiberglass, steel or brick-lined or of such other material approved by the city council, substantially constructed and covered with a similar durable material.

No wood shall be used as a permanent part of the construction of any part of the vault.

(Adopted by Ord. 1976 Code §§ 8-221, 8-222, 8-223, 8-224, 8-225 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-5-6: - Fees and charges#

Established; Authority: The city council shall, from time to time by resolution, fix the size of lots, the price at which burial rights shall be sold and the fees which shall be charged for the various cemetery services to be provided; and all burial fees and sale of burial plots for residents and nonresidents, will be as set by resolution.

Collection: The city recorder, and such other persons as the city council may designate, are hereby authorized and required to collect in advance, prices and fees for the opening and closing of graves or other services which shall include, but not be limited to, properly disinterring bodies and properly restoring the earth and grounds, recording each burial, disinterment or removal and raised monument privileges. The fees shall be such amounts as are determined by the city council from time to time by resolution.

Opening Graves:

No grave shall be opened in the city cemetery until payment of a fee for the labor and expense in so opening the grave shall be paid.

The presentation of a receipt from the city recorder or person designated by the city council when presented to the cemetery superintendent, shall be authority to open a grave for the burial of a deceased person. However, upon a contract being entered into between any mortician and the city wherein the mortician agrees to be responsible and liable for fees for the opening of a grave, and wherein that mortician will be personally liable for such fees and for perpetual care payments, the city recorder or authorized person may give the cemetery superintendent authority to open graves without the presentation of a receipt from the city recorder or authorized person.

(Adopted by Ord. 1976 Code §§ 8-241, 8-242, 8-243 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-5-7: - Lot sales#

Authority; Records: The city recorder, and such other person as the city council may designate, are hereby authorized to sell the use of lots in the city cemetery for burial purposes only and to collect all sums arising from the sale. The city recorder shall keep a complete record of all sales, which record shall describe the location of the lot purchased and the price paid therefor. The city recorder or designated person shall deliver to each purchaser a certificate of burial rights for each lot purchased, which certificate shall, among other things, describe the location of the lot, the purchase price and the type of maintenance services which are to be provided, e.g., perpetual care.

Purchase Price, Scope Of: A certificate and right to burial shall be exempt from execution, taxation or assessment for care and maintenance from and after full payment of the purchase price. Payments made pursuant to this section shall not be construed to be in payment for cemetery services other than perpetual care.

Perpetual Care Included: Perpetual care shall be deemed to include the filling of the grave, the placing of topsoil upon the grave, seeding the grave with grass and watering and cutting the grass. No other services are included.

Additional Improvements, Changes and Services: No other improvements, changes or services, except perpetual care, shall be made on any lot without the certificate holder or his heirs first submitting to and receiving from the cemetery superintendent written approval for such improvements, changes or services, which improvements, changes or services shall be subject to the rules and regulations promulgated by the city council.

Resale Restrictions:

From and after July 24, 1976, the lots sold by the city shall not be further sold, transferred, conveyed or assigned to any person except the city. The city hereby agrees to buy back any city cemetery grave lot which it may hereafter sell. The repurchase of such lots shall be for the original price paid by the purchaser or the current selling price of the lot, whichever is less.

Whenever a certificate to burial rights or lots reverts to the city, as provided for in this subsection, or becomes vested in the city for any reason, before new certificates are issued, the original certificate shall be cancelled or an assignment given and the record shall be so changed.

The certificates shall be issued and signed by the mayor and shall be attested by the city recorder. All lots or parts of lots, as provided in this subsection, together with all improvements, shall be exempt from execution and from taxation and assessment for care and maintenance charges from and after said payment.

(Adopted by Ord. 1976 Code §§ 8-251, 8-252 on 1/1/1976)

7-5-8: - Perpetual care lots#

Scope of Care: The essential perpetual care that the city agrees to give shall consist of care of the cemetery generally, and shall include, but is not limited to, mowing of all lots and graves at reasonable intervals, resodding, seeding and filling in sunken graves, sodding the surface of the graves to lot level, removing dead flowers and trimming trees and shrubbery when necessary, raking and cleaning the lots and straightening of tilting stones or markers, but shall not include repairing or replacing markers or memorial structures of any nature, except when the need for repair or replacement is directly caused by the city.

Contracting for Care:

No grave shall be hereafter opened in the cemetery of this city until perpetual care upon the lot where the grave is to be opened shall have been contracted for with the city, or perpetual care thereon paid. Should it be the desire of any person to have a grave opened and the body interred therein and perpetual care shall not have been previously contracted for or paid in full for the lot therein, the person may either pay the full purchase price for perpetual care or enter into a contract wherein payment shall be agreed.

The agreement shall provide for a down payment in the amount of twenty percent (20%) of the total purchase price of the cost of the lot, and shall further provide for the payment of monthly installments over a period not to exceed twenty (20) months. The monthly installments shall be in the amounts equal to the balance of the contract divided by the number of months which the contract is to run, plus two (2) months extra payment to pay for the privilege of making the payments in installments or six percent (6%) of the balance, whichever is less.

The installment contract for perpetual care of, or purchase of a lot with perpetual care, shall provide for collection by the city in event of a default and such collection shall be by civil action, and the defendant therein shall pay cost of collection, together with reasonable attorney fees to the city, and shall also pay interest at the rate of eight percent (8%) per annum upon the past due installments. All installments shall immediately become due upon the default of any of the installments; provided, however, that when perpetual care for any lot in the city cemetery or portion thereof, has not been paid for a period of ten (10) years, then, and in such an event, the unused portion of the lot shall thereafter escheat to the city, and the title thereof shall revert to the city, which shall thereafter have the right, option and privilege to sell and dispose of unused cemetery property, as is in this chapter provided, upon condition that the city shall thereafter maintain perpetually without cost of fee the portion of the lot occupied by a grave or graves prior to the date when the remaining property escheated to the city.

The city shall have the power to fix, by resolution, a fee from any person now owning a cemetery lot or portion thereof for the annual maintenance and care thereof. The fee shall continue to be paid until such time as a further or additional interment shall be made on the lot, at which time the provisions of this subsection relating to perpetual care and maintenance and to payment of fees and costs pertaining thereto shall take effect and apply.

(Adopted by Ord. 1976 Code §§ 8-261, 8-262 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-5-9: - Nonperpetual care lots#

Maintenance Charges:

Every lot for which perpetual care has not been purchased and with reference to which the owner has established a right to directly provide for maintenance and care, notwithstanding the provisions of section 7-5-12 of this chapter, shall be maintained and cared for to the extent and in accordance with the standards established by the city council for care and maintenance of all lots of the cemetery.

In the event that the owner fails to provide the requisite care and maintenance for nonperpetual care lots, the cemetery superintendent shall furnish care and maintenance at rates established by the city council.

All such charges shall become a personal liability of the owner of the lots and, in addition thereto, shall constitute a lien against the lots upon the basis of which the city council may cause the burial rights therein to be forfeited and said rights to revert to the city.

Reversion of Nonpaying Lots:

When any owner of any lot or portion of a lot in the cemetery shall have failed to pay the cost of services rendered by the city or its employees in watering, beautifying, maintaining or caring for any lots or portions thereof in the city cemetery for which perpetual care has not been purchased in accordance with the provisions of this chapter, and such failure to pay has continued for a period of six (6) months, the city may pursue collection of such costs in a court of law. A court action may be pursued for the purpose of seeking judgment against the owner and thereafter attaching any of the assets of the owner, including an attachment of the lots or portions of lots upon which the owner has failed to make payment for maintenance service.

As an additional remedy, or in lieu of seeking collection in a court of law, the city may cancel the owner's certificate or deed representing rights to burial on the unoccupied lots or portions of lots and causing ownership of lots or portions thereof to revert back to the city by following the procedure set forth in this section.

Procedure for Reversion Back to City:

The city may terminate the owner's right to use of unoccupied lot or lots in the city cemetery when there has been a six (6) month failure to pay the costs of maintenance provided by the city in the following manner:

The city council shall fix a time and place of hearing before the city council at which the owner shall be given the opportunity to present good cause as to why his right to future use of the lot or lots involved shall not be terminated and as to why the ownership of the lot or portions of lot shall not revert back to the city for resale by it.

A notice of the time, place and purpose of the hearing to forfeit the owner's interest in the lot or parts of the lot shall be given by personal delivery of a written notice of the time, place and purpose of the meeting of the city council or by mailing a copy of the notice to the last known address of the owner or owners.

In the absence of an ability to make personal delivery of the written notice to the owner or owners, a notice of the hearing to forfeit rights to said lot or portions of lot shall be published at least once in a newspaper having general circulation in the county. The publication shall be made at least three (3) weeks prior to the date of the hearing.

If the owner is known to be deceased, then mailing of notice or delivery of notice shall be made to the last known addresses of any known heirs.

Copies of the notice shall also be posted in a conspicuous place in the offices of the city.

At the time and place set for the hearing before the city council, the city council shall give the owner or owners an opportunity to be heard, a right to present witnesses and to submit evidence showing cause why the lot or portions of the lot shall not be forfeited to the city.

After due consideration of all the facts presented at such hearing, the city council may order, if it finds that there has been a failure to make payment of such costs or if no satisfactory arrangement has been preferred for making the immediate payment of such costs, that the lot or portions of lot shall revert to the city for resale and that all of the rights and privileges of the owner in the lot or lots are terminated.

Thereafter, the city may make sale of the lots in the same manner as it makes sales of all other lots within the cemetery.

(Adopted by Ord. 1976 Code §§ 8-281, 8-282, 8-283 on 1/1/1976)

7-5-10: - Indigents#

The city council may by resolution designate a portion of the city cemetery to the burial of indigents. Whenever it is made to appear to the mayor by proof submitted to him by the city recorder that any person who has died does not have an estate sufficient to pay the purchase price of a lot in the cemetery, and that the nearest relative or representative of such deceased person desires to have the body of such deceased interred in the cemetery, the mayor may grant burial space for such deceased person at the request made to him by the city recorder.

The mayor shall communicate his decision to both the city recorder and the cemetery superintendent. The mayor shall give report of his decision, whether affirmative or negative, to the city council at its next regular meeting. All strangers without funds or other persons who may die in the city may be granted the privilege granted herein.

(Adopted by Ord. 1976 Code § 8-291 on 1/1/1976)

7-5-11: - Rules and regulations#

Authority to Regulate; Procedure:

The city council may promulgate by resolution such additional rules and regulations concerning the care, use, operation and maintenance of the cemetery as it shall deem necessary.

The mayor may, from time to time as the city council deems necessary, direct and publish a booklet of rules and regulations for the convenience of the purchasers of lots in the city cemetery. Such rules and regulations shall constitute a part of the terms and conditions under which owners and users may utilize the cemetery and shall form a supplement to this chapter after they have been adopted as official by resolution of the city council.

Any changes in the rules and regulations shall be adopted by the city council before such changes shall be official.

Lots Sold: Every lot or single grave sold is subject to rules and regulations that have been or may be adopted. The rules and regulations shall be subject to such changes as are found necessary for the protection of lot owners, the remains of the dead and the preservation of the cemetery.

Traffic Control:

The provisions of the city traffic ordinances relative to the operation of vehicles and conduct of pedestrians shall be in effect in the cemetery, except as herein otherwise modified by this chapter.

It shall be unlawful for any person to ride or drive within the city cemetery at a speed greater than five (5) miles per hour.

Children: Children under the age of sixteen (16) years shall not be allowed in cemeteries unless accompanied by their parents or other adults, except for the purposes of attending authorized funerals or, in the company of adults, placing flowers on the grave of a deceased relative or friend, or performing any other customary evidence of respect in accordance with their religious principles.

Animals: No animal shall be allowed in any cemetery, except in the confines of a vehicle and must be at all times retained within the confines of said vehicle while the vehicle remains in the cemetery.

Decorum: Cemetery grounds are sacredly devoted to the interment and repose of the dead. Strict observance of decorum due such a place shall be required of all persons.

Errors in Opening Graves: Under no circumstances will the city assume responsibilities for errors in opening graves when orders are given by telephone.

Religious and Fraternal Organizations: The city may contract with religious and fraternal organizations to designate a reasonable portion of the cemetery in which burials may be restricted to members of such religious and fraternal organizations and their families.

(Adopted by Ord. 1976 Code §§ 8-226, 8-227, 8-229, 8-230, 8-231, 8-232, 8-233, 8-237 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

7-5-12: - Care and maintenance; right to enter#

The city reserves the right to enter upon any grave and to perform all work necessary for the care and upkeep of all lots and graves in its cemeteries.

(Adopted by Ord. 1976 Code § 8-228 on 1/1/1976)

7-5-13: - Unlawful acts#

Injury to Property:

It is a Class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to tie or attempt to tie any horse, animal or motor vehicle to any monument, gravestone, tablet, marker, tree, shrub, fence or enclosure on the premises of the cemetery for the purpose of injuring, defacing or attempting the removal of same.

It shall be an infraction, subject to penalty as provided in section 1-4-1 of this code, for any person to injure, deface, break, destroy or remove any headstone, tombstone, monument, tree, shrub or any other property in the cemetery.

Landscaping by Private Persons: Except as provided by the rules and regulations of the city council, it shall be unlawful for any person to erect or maintain any fence, corner post, coping or boundary of any kind, to plant any vegetation upon any lot or lots, street, alley or walk in the cemetery or to grade the ground or land thereof. The cemetery superintendent shall, whenever required, furnish the true lines of any lots according to official survey, shall prevent and prohibit any markings of the same except by official landmarks, and shall prevent and prohibit any grading thereof that might destroy or interfere with the general slope of the land.

Placement of Markers: It shall be unlawful for any person to erect, place or cause to be placed any marker or monument on any lot in the cemetery in violation of the rules and regulations promulgated by the city council regarding the placement, construction and design of all such markers.

(Adopted by Ord. 1976 Code §§ 8-234, 8-235, 8-236 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)

CHAPTER 6: - TELECOMMUNICATIONS; USE OF RIGHTS OF WAY#

7-6-1: - Findings and intent; authority#

Rights of Way: The city finds that the rights of way within the city:

Are critical to the travel and transport of persons and property in the business and social life of the city;

Are intended for public uses and must be managed and controlled consistent with that intent;

Can be partially occupied by the facilities of utilities and other public service entities delivering utility and public services rendered for profit, to the enhancement of the health, welfare and general economic well-being of the city and its citizens; and

Are a unique and physically limited resource requiring proper management to maximize the efficiency and to minimize the costs to the taxpayers of the foregoing uses and to minimize the inconvenience to and negative effects upon the public from such facilities' construction, placement, relocation and maintenance in the rights of way.

Compensation: The city finds that the city should receive fair and reasonable compensation for use of the rights of way.

Local Concern: The city finds that while telecommunications systems are in part an extension of interstate commerce, their operations also involve rights of way, municipal franchising and vital business and community service, which are of local concern.

Promotion of Telecommunications Services: The city finds that it is in the best interests of its taxpayers and citizens to promote the rapid development of telecommunications services, on a nondiscrimination basis, responsive to community and public interest, and to assure availability for city, educational and community services.

Franchise Standards: The city finds that it is in the interests of the public to franchise and to establish standards for franchising providers in a manner that:

Fairly and reasonably compensates the city on a competitively neutral and nondiscriminatory basis as provided herein;

Encourages competition by establishing terms and conditions under which providers may use the rights of way to serve the public;

Fully protects the public interests and the city from any harm that may flow from such commercial use of rights of way;

Protects the police powers and rights of way management authority of the city, in a manner consistent with federal and state law;

Otherwise protects the public interests in the development and use of the city infrastructure;

Protects the public's investment in improvements in the rights of way; and

Ensures that no barriers to entry of telecommunications providers are created and that such franchising is accomplished in a manner that does not prohibit or have the effect of prohibiting telecommunication services, within the meaning of the Telecommunications Act of 1996 ("act") (P.L. No. 104-104).

Power to Manage Rights of Way: The city adopts this telecommunications chapter pursuant to its power to manage the rights of way, pursuant to common law, the Utah Constitution and statutory authority, and receive fair and reasonable compensation for the use of rights of way by providers as expressly set forth by section 253 of the act.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-2: - Definitions#

For purposes of this chapter, the following terms, phrases, words and their derivatives shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended. Words used in the present tense include the future tense, words in the single number include the plural number, words in the plural number include the singular. The words "shall" and "will" are mandatory, and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

APPLICATION: The process by which a provider submits a request and indicates a desire to be granted a franchise to utilize the rights of way of all, or a part, of the city. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by a provider to the city concerning: the construction of a telecommunications system over, under, on or through the rights of way; the telecommunications services proposed to be provided in the city by a provider; and any other matter pertaining to a proposed system or service.

CITY: City of Honeyville, Utah.

COMPLETION DATE: The date that a provider begins providing services to customers in the city.

CONSTRUCTION COSTS: All costs of constructing a system, including make-ready costs, other than engineering fees, attorney or accountant fees, or other consulting fees.

CONTROL OR CONTROLLING INTEREST: Actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the system or of a provider. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person or group of persons acting in concert, of more than twenty-five percent (25%) of any provider (which person or group of persons is hereinafter referred to as "controlling person"). Control or controlling interest, as used herein, may be held simultaneously by more than one person or group of persons.

FCC: The Federal Communications Commission or any successor thereto.

FRANCHISE: The rights and obligations extended by the city to a provider to own, lease, construct, maintain, use or operate a system in the rights of way within the boundaries of the city. Any such authorization, in whatever form granted, shall not mean or include: A.

Any other permit or authorization required for the privilege of transacting and carrying on a business within the city required by the ordinances and laws of the city;

Any other permit, agreement or authorization required in connection with operations on rights of way or public property, including, without limitation, permits and agreements for placing devices on or in poles, conduits or other structures, whether owned by the city or a private entity, or for excavating or performing other work in or along the rights of way.

FRANCHISE AGREEMENT: A contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth, subject to this chapter, the terms and conditions under which a franchise will be exercised.

GROSS REVENUE: Includes all revenues of a provider that may be included as gross revenue within the meaning of Utah Code Annotated title 11, chapter 26, as amended.

INFRASTRUCTURE PROVIDER: A person providing to another, for the purpose of providing telecommunication services to customers, all or part of the necessary system which uses the rights of way.

OPEN VIDEO SERVICE: Any video programming services provided to any person through the use of rights of way by a provider that is certified by the FCC to operate an open video system pursuant to section 651 et seq., of the Telecommunications Act (to be codified at 47 USC title VI, part V), regardless of the system used.

OPEN VIDEO SYSTEM: The system of cables, wires, lines, towers, wave guides, optic fiber, microwave, laser beams and any associated converters, equipment, or facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing open video services to or from subscribers or locations within the city.

OPERATOR: Any person who provides service over a telecommunications system and directly or through one or more persons owns a controlling interest in such system, or who otherwise controls or is responsible for the operation of such a system.

ORDINANCE OR TELECOMMUNICATIONS ORDINANCE: This telecommunications chapter concerning the granting of franchises in and by the city for the construction, ownership, operation, use or maintenance of a telecommunications system.

PSC: The Public Service Commission or any successor thereto.

PERSON: Includes any individual, corporation, partnership, association, joint stock company, trust or any other legal entity, but not the city.

PERSONAL WIRELESS SERVICES FACILITIES: Has the same meaning as provided in section 704 of the act (47 USC 332(c)(7)(C)), which includes what is commonly known as cellular and PSC services that do not install any system or portion of a system in the rights of way.

PROVIDER: An operator, infrastructure provider, resaler or system lessee.

RESALER: Refers to any person that provides local exchange service over a system for which a separate charge is made, where that person does not own or lease the underlying system used for the transmission.

RIGHTS OF WAY: The surface of and the space above and below any public street, sidewalk, alley or other public way of any type whatsoever, now or hereafter existing as such within the city.

SIGNAL: Any transmission or reception of electronic, electrical, light or laser or radio frequency energy or optical information, in either analog or digital format.

SYSTEM LESSEE: Refers to any person that leases a system or a specific portion of a system to provide services.

TELECOMMUNICATIONS: The transmission, between or among points specified by the user, of information of the user's choosing (e.g., data, video and voice), without change in the form or content of the information sent and received.

TELECOMMUNICATIONS SERVICE OR SERVICES: Any telecommunications services provided by a provider within the city that the provider is authorized to provide under federal, state and local law, and any equipment and/or facilities required for and integrated with the services provided within the city, except that these terms do not include "cable service", as defined in the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992 (47 USC 521 et seq.) and the Telecommunications Act of 1996. Telecommunications service or services also includes an open video service.

TELECOMMUNICATIONS SYSTEM OR SYSTEM: All conduits, manholes, poles, antennas, transceivers, amplifiers and all other electronic devices, equipment, wire and appurtenances owned, leased or used by a provider, located in the rights of way and utilized in the provision of services, including fully digital or analog, voice, data and video imaging and other enhanced telecommunications services. Telecommunications system or systems also includes an open video system.

WIRE: Fiber optic telecommunications cable, wire, coaxial cable or other transmission medium that may be used in lieu thereof for similar purposes.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-3: - Administration; general provisions#

Conflicts: In the event of a conflict between any provision of this chapter and a franchise entered pursuant to it, the provisions of this chapter in effect at the time the franchise is entered into shall control.

New Developments: It shall be the policy of the city to liberally amend this chapter, upon application of a provider, when necessary to enable the provider to take advantage of any developments in the field of telecommunications which will afford the provider an opportunity to more effectively, efficiently or economically serve itself or the public.

Notices: All notices from a provider to the city required under this chapter or pursuant to a franchise granted pursuant to this chapter shall be directed to the officer as designated by the mayor and/or city council. A provider shall provide in any application for a franchise the identity, address and phone number of the person designated to receive notices from the city. A provider shall immediately notify the city of any change in its name, address or telephone number.

Exercise of Police Power: To the full extent permitted by applicable law either now or in the future, the city reserves the right to adopt or issue such rules, regulations, orders or other directives that it finds necessary or appropriate in the lawful exercise of its police powers.

Construction:

Federal and State Statutes: This chapter shall be construed in a manner consistent with all applicable federal and state statutes.

Applicability: This chapter shall apply to all franchises granted or renewed after the effective date hereof. This chapter shall further apply, to the extent permitted by applicable federal or state law, to all existing franchises granted prior to the effective date hereof and to a provider providing services, without a franchise, prior to the effective date hereof.

Other Applicable Ordinances: A provider's rights are subject to the police powers of the city to adopt and enforce ordinances necessary to the health, safety and welfare of the public. A provider shall comply with all applicable general laws and ordinances enacted by the city pursuant to its police powers. In particular, all providers shall comply with the city zoning and other land use requirements.

City Failure to Enforce: A provider shall not be relieved of its obligation to comply with any of the provisions of this chapter or any franchise granted pursuant to this chapter by reason of any failure of the city to enforce prompt compliance.

Construed According to Utah Law: This chapter and any franchise granted pursuant to this chapter shall be construed and enforced in accordance with the substantive laws of the state.

(Adopted by Ord. 98-1 on 2/11/1998; Amended by Ord. 2001 Code on 1/1/2001)

7-6-4: - Applicability; exceptions#

Providers: This chapter shall provide the basic local scheme for providers of telecommunications services and systems that require the use of the rights of way, including providers of both the system and service, those providers of the system only and those providers who do not build the system but who only provide services. This chapter shall apply to all future providers and to all providers in the city prior to the effective date hereof, whether operating with or without a franchise as set forth in subsection 7-6-3E,2 of this chapter.

Excluded Activities:

Cable Television Operators: This chapter shall not apply to cable television operators otherwise regulated by the cable television ordinance.

Wireless Service Facilities: This chapter shall not apply to personal wireless service facilities.

Excluded Providers; Provisions Applicable: Providers excused by other law that prohibits the city from requiring a franchise shall not be required to obtain a franchise, but all of the requirements imposed by this chapter through the exercise of the city's police power and not preempted by other law shall be applicable.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-5: - Franchise required#

Nonexclusive Franchise; Authority: The city is empowered and authorized to issue nonexclusive franchises governing the installation, construction and maintenance of systems in the city's rights of way, in accordance with the provisions of this chapter. The franchise is granted through a franchise agreement entered into between the city and provider.

Provider Required to Obtain: Except to the extent preempted by federal or state law, as ultimately interpreted by a court of competent jurisdiction, including any appeals, every provider must obtain a franchise prior to constructing a telecommunications system or providing telecommunications services using the rights of way, and every provider must obtain a franchise before constructing an open video system or providing open video services via an open video system. Any open video system or service shall be subject to the customer service and consumer protection provisions applicable to the cable tv companies to the extent the city is not preempted or permitted as ultimately interpreted by a court of competent jurisdiction, including any appeals. The fact that particular telecommunications systems may be used for multiple purposes does not obviate the need to obtain a franchise for other purposes. By way of illustration and not limitation, a cable operator of a cable system must obtain a cable franchise, and, should it intend to provide telecommunications services over the same system, must also obtain a telecommunications franchise.

Nature of Grant: A franchise shall not convey title, equitable or legal, in the rights of way. A franchise is only the right to occupy rights of way on a nonexclusive basis for the limited purposes and for the limited period stated in the franchise; the right may not be subdivided, assigned or subleased. A franchise does not excuse a provider from obtaining appropriate access or pole attachment agreements before collocating its system on the property of others, including the city's property. This subsection shall not be construed to prohibit a provider from leasing conduit to another provider, so long as the lessee has obtained a franchise.

Current Providers; Time Limit to Request: Except to the extent exempted by federal or state law, any provider acting without a franchise on the effective date hereof shall request issuance of a franchise from the city within ninety (90) days of the effective date hereof. If such request is made, the provider may continue providing service during the course of negotiations. If a timely request is not made, or if negotiations cease and a franchise is not granted, the provider shall comply with the provisions of subsection 7-6-12D of this chapter.

Nature of Franchise: The franchise granted by the city under the provisions of this chapter shall be a nonexclusive franchise providing the right and consent to install, repair, maintain, remove and replace its system on, over and under the rights of way in order to provide services.

Regulatory Approval Needed: Before offering or providing any services pursuant to the franchise, a provider shall obtain any and all regulatory approvals, permits, authorizations or licenses for the offering or provision of such services from the appropriate federal, state and local authorities, if required, and shall submit to the city, upon the written request of the city, evidence of all such approvals, permits, authorizations or licenses.

Term: No franchise issued pursuant to this chapter shall have a term of less than five (5) years or greater than fifteen (15) years. Each franchise shall be granted in a nondiscriminatory manner.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-6: - Application for franchise#

Required; Form: To obtain a franchise to construct, own, maintain or provide services through any system within the city, to obtain a renewal of a franchise granted pursuant to this chapter or to obtain the city approval of a transfer of a franchise, as provided in subsection 7-6-11A,2 of this chapter, granted pursuant to this chapter, an application must be filed with city on the form attached to the ordinance codified herein as Exhibit A, which is hereby incorporated by reference. The application form may be changed by the mayor so long as such changes request information that is consistent with this chapter. Such application form, as amended, is incorporated by reference.

Criteria: In making a determination as to an application filed pursuant to this chapter, the city may, but shall not be limited to, request the following from the provider:

A copy of the order from the PSC granting a certificate of convenience and necessity.

Certification of the provider's financial ability to compensate the city for provider's intrusion, maintenance and use of the rights of way during the franchise term proposed by the provider.

Provider's agreement to comply with the requirements of section 7-6-9 of this chapter.

Determination by City: The city, in its discretion, shall determine the award of any franchise on the basis of these and other considerations relevant to the use of the rights of way, without competitive bidding.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-7: - Compensation, fees and payments#

Compensation; Provider Obligations: As fair and reasonable compensation for any franchise granted pursuant to this chapter, a provider shall have the following obligations:

Application Fee: In order to offset the cost to the city to review an application for a franchise and in addition to all other fees, permits or charges, a provider shall pay to the city, at the time of application, five hundred dollars ($500.00) as a nonrefundable application fee.

Franchise Fee: The franchise fee, if any, shall be set forth in the franchise agreement. The obligation to pay a franchise fee shall commence on the completion date. The franchise fee is offset by any business license fee or business license tax enacted by the city.

Excavation Permits: The provider shall also pay fees required for an excavation permit as provided in chapter 3 of this title.

Due Monthly: Unless otherwise agreed to in the franchise agreement, all franchise fees shall be paid on a monthly basis within forty-five (45) days of the close of each calendar month.

Statement of Calculation; Certification: Unless a franchise agreement provides otherwise, each fee payment shall be accompanied by a statement showing the manner in which the fee was calculated and shall be certified as to its accuracy.

Future Costs: A provider shall pay to the city or to third parties, at the direction of the city, an amount equal to the reasonable costs and reasonable expenses that the city incurs for the services of third parties (including, but not limited to, attorneys and other consultants) in connection with any renewal or provider-initiated renegotiation, or amendment of this chapter or a franchise; provided, however, that the parties shall agree upon a reasonable financial cap at the outset of negotiations. In the event the parties are unable to agree, either party may submit the issue to binding arbitration in accordance with the rules and procedures of the American Arbitration Association.

Taxes, Assessments: To the extent taxes or other assessments are imposed by taxing authorities, other than the city, on the use of the city property as a result of a provider's use or occupation of the rights of way, the provider shall be responsible for payment of its pro rata share of such taxes, payable annually unless otherwise required by the taxing authority. Such payments shall be in addition to any other fees payable pursuant to this chapter.

Interest on Late Payments: In the event that any payment is not actually received by the city on or before the applicable date fixed in the franchise, interest thereon shall accrue from such date until received at the rate charged for delinquent state taxes.

Acceptance of Fee; Not Construed Satisfaction: No acceptance by the city of any fee shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such fee payment be construed as a release of any claim the city may have for additional sums payable.

Additional Taxes or Fees Still Applicable: The fee payment is not a payment in lieu of any tax, fee or other assessment, except as specifically provided in this chapter or as required by applicable law. By way of example, and not limitation, excavation permit fees and fees to obtain space on the city-owned poles are not waived and remain applicable.

Operation After Term; Continuing Obligation and Holdover: In the event a provider continues to operate all or any part of the system after the term of the franchise, such operator shall continue to comply with all applicable provisions of this chapter and the franchise, including, without limitation, all compensation and other payment provisions throughout the period of such continued operation; provided, that any such continued operation shall in no way be construed as a renewal or other extension of the franchise, nor as a limitation on the remedies, if any, available to the city as a result of such continued operation after the term, including, but not limited to, damages and restitution.

Publication Costs: A provider shall assume any publication costs associated with its franchise that may be required by law.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-8: - Insurance, record requirements#

Insurance Required: Prior to the execution of a franchise, a provider will deposit with the city an irrevocable, unconditional letter of credit or surety bond as required by the terms of the franchise, and shall obtain and provide proof of the insurance coverage required by the franchise. A provider shall also indemnify the city as set forth in the franchise.

Inspection by City; Management: The city shall have the right to oversee, regulate and inspect periodically the construction, maintenance and upgrade of the system, and any part thereof, in accordance with the provisions of the franchise and applicable law. A provider shall establish and maintain managerial and operational records, standards, procedures and controls to enable a provider to prove, in reasonable detail, to the satisfaction of the city at all times throughout the term, that a provider is in compliance with the franchise. A provider shall retain such records for not less than the applicable statute of limitations.

Records Maintenance: A provider shall at all times maintain:

On file with the city, a full and complete set of plans, records and as-built hard copy maps and, to the extent the maps are placed in an electronic format, they shall be made in electronic format compatible with the city's existing GIS system, of all existing and proposed installations and the types of equipment and systems installed or constructed in the rights of way, properly identified and described as to the types of equipment and facility by appropriate symbols and marks, which shall include annotations of all rights of ways where work will be undertaken. As used herein, as-built maps include file construction prints. Maps shall be drawn to scale. As-built maps, including the compatible electronic format, as provided above, shall be submitted within thirty (30) days of completion of work or within thirty (30) days after completion of modification and repairs. As-built maps are not required of the provider who is the incumbent local exchange carrier for the existing system to the extent they do not exist.

Throughout the term of the franchise, a provider shall maintain complete and accurate books of account and records of the business, ownership and operations of a provider with respect to the system in a manner that allows the city at all times to determine whether a provider is in compliance with the franchise. Should the city reasonably determine that the records are not being maintained in such a manner, a provider shall alter the manner in which the books and/or records are maintained so that a provider comes into compliance with this section. All financial books and records which are maintained in accordance with the regulations of the FCC and any governmental entity that regulates utilities in the state and generally accepted accounting principles shall be deemed to be acceptable under this section.

Confidentiality: If the information required to be submitted is proprietary in nature or must be kept confidential by federal, state or local law, upon proper request by a provider, such information shall be classified as a protected record within the meaning of the Utah Government Records Access and Management Act (GRAMA), making it available only to those who must have access to perform their duties on behalf of the city; provided, that a provider notifies the city of, and clearly labels the information which a provider deems to be confidential, proprietary information. Such notification and labeling shall be the sole responsibility of the provider.

Provider's Expense: All reports and records required under this chapter shall be furnished at the sole expense of a provider, except as otherwise provided in this chapter or a franchise.

Right of Inspection: For the purpose of verifying the correct amount of the franchise fee, the books and records of the provider pertaining thereto shall be open to inspection or audit by duly authorized representatives of the city at all reasonable times, upon giving reasonable notice of the intention to inspect or audit the books and records; provided, that the city shall not audit the books and records of the provider more often than annually. The provider agrees to reimburse the city the reasonable costs of an audit if the audit discloses that the provider has paid ninety-five percent (95%) or less of the compensation due the city for the period of such audit. In the event the accounting rendered to the city by the provider herein is found to be incorrect, then payment shall be made on the corrected amount within thirty (30) calendar days of written notice, it being agreed that the city may accept any amount offered by the provider, but the acceptance thereof by the city shall not be deemed a settlement of such item if the amount is in dispute or is later found to be incorrect.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-9: - Construction, technical requirements#

Compliance Required; Excavation Permit: No provider shall receive a franchise unless it agrees to comply with each of the terms set forth in this section governing construction and technical requirements for its system, in addition to any other reasonable requirements or procedures specified by the city or the franchise, including requirements regarding locating and sharing in the cost of locating portions of the system with other systems or with city utilities. A provider shall obtain an excavation permit, pursuant to the excavation ordinance, as provided in chapter 3 of this title, before commencing any work in the rights of way.

Quality and Performance of Work: All work involved in the construction, maintenance, repair, upgrade and removal of the system shall be performed in a safe, thorough and reliable manner, using materials of good and durable quality. If, at any time, it is determined by the FCC or any other agency granted authority by federal law or the FCC to make such determination, that any part of the system, including, without limitation, any means used to distribute signals over or within the system, is harmful to the public health, safety or welfare, or quality of service or reliability, then a provider shall, at its own cost and expense, promptly correct all such conditions.

Licenses and Permits: A provider shall have the sole responsibility for diligently obtaining, at its own cost and expense, all permits, licenses or other forms of approval or authorization necessary to construct, maintain, upgrade or repair the system, including, but not limited to, any necessary approvals from persons and/or the city to use private property, easements, poles and conduits. A provider shall obtain any required permit, license, approval or authorization, including, but not limited to, excavation permits, pole attachment agreements, etc., prior to the commencement of the activity for which the permit, license, approval or authorization is required.

Relocation of System:

New Grades or Lines; Excavation Requirements: If the grades or lines of any rights of way are changed at any time in a manner affecting the system, then a provider shall comply with the requirements of the excavation ordinance, as provided in chapter 3 of this title.

Emergency; City Authority to Move System: The city may, at any time, in case of fire, disaster or other emergency, as determined by the city in its reasonable discretion, cut or move any parts of the system and appurtenances on, over or under the rights of way of the city, in which event the city shall not be liable therefor to a provider. The city shall notify a provider in writing prior to, if practicable, but in any event as soon as possible and in no case later than the next business day following any action taken under this section. Notice shall be given as provided in subsection 7-6-3C of this chapter.

Temporary Move for Third Party: A provider shall, upon prior reasonable written notice by the city or any person holding a permit to move any structure, and within the time that is reasonable under the circumstances, temporarily move any part of its system to permit the moving of said structure. A provider may impose a reasonable charge on any person other than the city for any such movement of its systems.

Change in Rights of Way; Obligation to Move System: When the city is changing a right of way and makes a written request, a provider is required to move or remove its system from the right of way, without cost to the city, to the extent provided in the excavation ordinance, as provided in chapter 3 of this title. This obligation does not apply to systems originally located on private property pursuant to a private easement, which property was later incorporated into the rights of way, if that private easement grants a superior vested right. This obligation exists whether or not the provider has obtained an excavation permit.

Protection of Structures, Landmarks: In connection with the construction, maintenance, repair, upgrade or removal of the system, a provider shall, at its own cost and expense, protect any and all existing structures belonging to the city and all designated landmarks, as well as all other structures within any designated landmark district. A provider shall obtain the prior written consent of the city to alter any water main, power facility, sewerage or drainage system, or any other city structure on, over or under the rights of way of the city required because of the presence of the system. Any such alteration shall be made by the city or its designee on a reimbursable basis. A provider agrees that it shall be liable for the costs incurred by the city to replace or repair and restore to its prior condition in a manner as may be reasonably specified by the city, any city structure or any other rights of way of the city involved in the construction, maintenance, repair, upgrade or removal of the system that may become disturbed or damaged as a result of any work thereon by or on behalf of a provider pursuant to the franchise.

Obstructions Prohibited: In connection with the construction, maintenance, upgrade, repair or removal of the system, a provider shall not unreasonably obstruct the rights of way of fixed guideway systems, railways, passenger travel or other traffic to, from or within the city without the prior consent of the appropriate authorities.

Safety Precautions: A provider shall, at its own cost and expense, undertake all necessary and appropriate efforts to prevent accidents at its work sites, including the placing and maintenance of proper guards, fences, barricades, security personnel and suitable and sufficient lighting, and such other requirements prescribed by OSHA and Utah OSHA. A provider shall comply with all applicable federal, state and local requirements, including, but not limited to, the National Electrical Safety Code.

Repair of Rights of Way: After written reasonable notice to the provider, unless, in the sole determination of the city, an eminent danger exists, any rights of way within the city which are disturbed or damaged during the construction, maintenance or reconstruction by a provider of its system may be repaired by the city at the provider's expense, to a condition as good as that prevailing before such work was commenced. Upon doing so, the city shall submit to such a provider an itemized statement of the cost for repairing and restoring the rights of ways intruded upon. The provider shall, within thirty (30) days after receipt of the statement, pay to the city the entire amount thereof.

Maintenance of System: A provider shall:

Install and maintain all parts of its system in a nondangerous condition throughout the entire period of its franchise.

Install and maintain its system in accordance with standard prudent engineering practices and shall conform, when applicable, with the National Electrical Safety Code and all applicable other federal, state and local laws or regulations.

At all reasonable times, permit examination by any duly authorized representative of the city of the system and its effect on the rights of way.

Trimming Trees; Authority: A provider shall have the authority to trim trees, in accordance with all applicable utility restrictions, ordinance and easement restrictions, upon and hanging over rights of way so as to prevent the branches of such trees from coming in contact with its system.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-10: - Private property; obligation to notify#

Before entering onto any private property, a provider shall make a good faith attempt to contact the property owners in advance and describe the work to be performed.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-11: - Transfer of franchise and license#

Notification of Sale:

PSC Approval: When a provider is the subject of a sale, transfer, lease, assignment, sublease or disposal, in whole or in part, either by force or involuntary sale, or by ordinary sale, consolidation or otherwise, such that it or its successor entity is obligated to inform or seek the approval of the PSC, the provider or its successor entity shall promptly notify the city of the nature of the transaction. The notification shall include either:

The successor entity's certification that the successor entity unequivocally agrees to all of the terms of the original provider's franchise agreement; or

The successor entity's application, in compliance with section 7-6-6 of this chapter.

Transfer of Franchise: Upon receipt of a notification and certification in accordance with subsection A,1,a of this section, the city designee, as provided in subsection 7-6-12A,1 of this chapter, shall send notice affirming the transfer of the franchise to the successor entity. If the city has good cause to believe that the successor entity may not comply with this chapter or the franchise agreement, it may require an application for the transfer. The application shall comply with section 7-6-6 of this chapter.

If Approval No Longer Required: If the PSC no longer exists or if its regulations or state law no longer require approval of transactions described in subsection A1 of this section, and the city has good cause to believe that the successor entity may not comply with this chapter or the franchise agreement, it may require an application. The application shall comply with section 7-6-6 of this chapter.

Events of Sale: The following events shall be deemed to be a sale, assignment or other transfer of the franchise requiring compliance with subsection A1 of this section:

The sale, assignment or other transfer of all or a majority of a provider's assets to another person;

The sale, assignment or other transfer of capital stock or partnership, membership or other equity interests in a provider by one or more of its existing shareholders, partners, members or other equity owners so as to create a new controlling interest in a provider;

The issuance of additional capital stock or partnership, membership or other equity interest by a provider so as to create a new controlling interest in such a provider; or

The entry by a provider into an agreement with respect to the management or operation of such provider or its system.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-12: - Enforcement; rights of city#

Enforcement; Remedies:

City Designee: The city is responsible for enforcing and administering this chapter and the city or its designee, as appointed by the mayor, is authorized to give any notice required by law or under any franchise agreement.

Enforcement Provisions: Any franchise granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund and rights of termination or revocation.

Force Majeure: In the event a provider's performance of any of the terms, conditions or obligations required by this chapter or a franchise is prevented by a cause or event not within a provider's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this subsection, causes or events not within the control of a provider shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies and natural disasters such as floods, earthquakes, landslides and fires.

Extended Operation; Continuity of Services:

Continuation After Expiration: Upon either expiration or revocation of a franchise granted pursuant to this chapter, the city shall have discretion to permit a provider to continue to operate its system or provide services for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A provider shall continue to operate its system under the terms and conditions of this chapter and the franchise granted pursuant to this chapter.

Incumbent Local Exchange Carrier; Negotiate Renewal: If the provider is the incumbent local exchange carrier, it shall be permitted to continue to operate its system and provide services without regard to revocation or expiration, but shall be obligated to negotiate a renewal in good faith.

Removal or Abandonment of Franchise Property:

Abandoned System: In the event that: a) the use of any portion of the system is discontinued for a continuous period of twelve (12) months and thirty (30) days after no response to written notice from the city to the last known address of provider; b) any system has been installed in the rights of way without complying with the requirements of this chapter or franchise; or c) the provisions of subsection 7-6-5D of this chapter are applicable and no franchise is granted, a provider, except the provider who is an incumbent local exchange carrier, shall be deemed to have abandoned such system.

Removal of Abandoned System: The city, upon such terms as it may impose, may give a provider written permission to abandon, without removing, any system, or portion thereof, directly constructed, operated or maintained under a franchise. Unless such permission is granted or unless otherwise provided in this chapter, a provider shall remove within a reasonable time the abandoned system and shall restore, using prudent construction standards, any affected rights of way to their former state at the time such system was installed, so as not to impair their usefulness. In removing its plant, structures and equipment, a provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all rights of way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. The city shall have the right to inspect and approve the condition of the rights of way cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security fund provided in a franchise shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this section.

Transfer of Abandoned System to City: Upon abandonment of any system in place, a provider, if required by the city, shall submit to the city a written instrument, satisfactory in form to the city, transferring to the city the ownership of the abandoned system.

Removal of Aboveground System: At the expiration of the term for which a franchise is granted, or upon its revocation or earlier expiration, as provided for by this chapter, in any such case without renewal, extension or transfer, the city shall have the right to require a provider to remove, at its expense, all aboveground portions of a system from the rights of way within a reasonable period of time, which shall not be less than one hundred eighty (180) days. If the provider is the incumbent local exchange carrier, it shall not be required to remove its system, but shall negotiate a renewal in good faith.

Leaving Underground System: Notwithstanding anything to the contrary set forth in this chapter, a provider may abandon any underground system in place so long as it does not materially interfere with the use of the rights of way or with the use thereof by any public utility, cable operator or other person.

(Adopted by Ord. 98-1 on 2/11/1998)

7-6-13: - Severability#

If any provision of this chapter is held by any federal, state or local court of competent jurisdiction to be invalid as conflicting with any federal or state statute, or is ordered by a court to be modified in any way in order to conform to the requirements of any such law and all appellate remedies with regard to the validity of the ordinance provisions in question are exhausted, such provision shall be considered a separate, distinct and independent part of this chapter, and such holding shall not affect the validity and enforceability of all other provisions hereof. In the event that such law is subsequently repealed, rescinded, amended or otherwise changed, so that the provision which had been held invalid or modified is no longer in conflict with such law, the provision in question shall return to full force and effect and shall again be binding on the city and the provider; provided, that the city shall give the provider thirty (30) days', or a longer period of time as may be reasonably required for a provider to comply with such a rejuvenated provision, written notice of the change before requiring compliance with such provision.

(Adopted by Ord. 98-1 on 2/11/1998)